[xzins]

That would depend on when he was vested wouldn’t it? If he had not yet fulfilled his required years to be vested, then no one is owed anything. If he is already vested, then she was owed money as of the vesting date.

[TheConservator]

Your answer is the correct one, or at least it would be in the state in which I practice law.

[Svartalfiar]

That would depend on when he was vested wouldn’t it? If he had not yet fulfilled his required years to be vested, then no one is owed anything. If he is already vested, then she was owed money as of the vesting date.

He's had 13 years, so I would assume he's vested, at least partially. (Could be wrong.) However, even if he was, vestment is only a part of the benefit deal between you and your employer, and vesting means you have the right to the portion of the money your employer has contributed. However, if you read the third paragraph: Although state law mandates that public employees convicted of certain crimes forfeit their pension . So he forfeits the pension. She doesn't have any ownership in the pension whatsoever, she is simply a beneficiary of the pension in the event that he dies, which he didn't. And until he dies, the pension would have been paid out in his name, not hers. She has nothing to stand on trying to get the money from the state.